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THE   INAUGURAL  ADDRESS 


OP 


GOVERNOR  A.   B.  MOORE, 


TO     THE 


General  Assemtilf  of  the  State  of  Alabamai 


DELIVERED  DECEMBER   1,  1859. 


MONTGOMERY : 

▲DTKBTISEB   BOOK    AND   JOB   STB-VM    PR£S3   PRINT. 

18«9 


4     fr 


J^JD  ID  PtESS. 


^ 


Gentlemen  of  the  Senate  ana  House  of  Representatives : 

My  first  term  of  service  as  Chief  Magistrate  of  the  State  has 
this  day  expired,  and  I  now  appear  before  yon,  clothed  with  au* 
thority  from  the  people,  to  renew  my  official  obligations,  prepa- 
ratory to  entering  upon  the  discharge  of  the  duties  of  another 
administration. 

This  occasion  affords  me  a  fit  opportunity  to  tender  to  the 
Electors  of  Alabama,  the  sincere  thanks  of  a  grateful  heart  for 
this  assurance  of  their  continued  confidence. 

There  can  be  nothing   more   gratifying,   to  a  public  servant, 
£  than  to  receive  unmistakable  evidence  of  the  approbation  of  his 

""  oonstituents.     I  have  endeavored  to   be   faithful  in  my  adminis- 

tration, and  have  been   sustained   in  my  official  acts  by  an  ap- 
^  proving  judgment  and  conscience.     That  I  have  erred  in   some 

IQ  things,  and  may  do  so  again,  is  not  improbable.     No  man  is  per- 

S  feet,  and  no  one  is  more  sensible  of  his  imperfections  than  my- 

self    I  can  only  promise  you  to  continue  faithful  in  seeing  that 
the  laws  are  properly  executed,   and  in  protecting  the  interests 
and  honor  of  the  State.     In   this  behalf,  I  invoke  your  aid  and 
^  advice,  and  the  continuance  of  that  generous  confidence  which. 

'iC  has,  heretofore,  been  so  liberally  extended  to  me. 

o  My  message,  at  the  commencement  of  the  session,  contained 

uj  all  the  information  as  to  State  afiairs,  and  such  recommendations 

q  as  I  deemed  necessary  and  proper  to  communicate,  which  leaves 

<  me  but  little  to  add  on  this  occasion. 


It  gives  me  much  pleasure  to  state,  that  up  to  this  time,  Ala- 
bama has  promptly  discharged  all  her  obligations,  arising  out  of 
her  foreign  and  domestic  debts,  and  has  established  a  public 
credit,  unsurpassed  by  any  State  in  the  Union.  I  feel  assured 
that  her  high  character,  in  this  respect,  will  not  be  tarnished 
by  a  failure,  on  the  part  of  the  General  Assembly,  to  make 
proper  and  timely  provisions  to  meet  her  future  liabilities.  In 
a  short  time,  the  State  will  be  relieved  Irom  all  pecuniary  obli- 
gations, incurred  in  her  unfortunate  experiment  in  banking. 
Experience  teaches  political  communities,  as  well  as  individuals, 
many  us«ful  lessons.  The  State  of  Alabama  has  been  taught 
by  her  experience,  that  it  is  unwise,  and  unsafe,  to  connect  her- 
self with  banks,  or  other  corporations.  She  has  profited  by  this 
experience,  and  has,  for  many  years,  carefully  abstained  from 
such  connections.  Our  present  position  is  such,  that  if  all  the 
banking  institutions  and  railroads,  and  other  corporations  in 
Alabama  were  to  fail,  no  liabilities  would  thereby  be  incurred 
by  the  State. 

Perhaps  no  State  in  the  Union  has  greater  reasons  than  Ala- 
bama to  congratulate  herself  on  iier  present  condition  and  fu- 
ture prospects.  Her  soil  is  unsurpassed  in  fertility  ;  her  mine- 
rals, consisting  chiefly  of  iron,  coal,  marble  and  lime,  are  inex- 
haustible, and  her  population  have  the  energy  and  ability,  to 
develop  these  great  resources  of  wealth  and  power.  Agricultu- 
ral science  is  making  rapid  improvements  in  many  portions  of 
the  State.  Railroads  are  gradually  penetrating  the  mineral  re- 
gions, by  means  of  which  a  larger  portion  of  the  State,  now 
utterly  worthless  for  cultivation,  will  become  one  of  our  great- 
est sources  of  wealth.  In  a  few  years,  the  pine  lands  of  South 
Alabama,  and  the  hills  and  mountains  of  Middle  and  North 
Alabama,  will  be  no  longer  barren  wastes,  but  will  be  made  to 
contribute  to  the  Treasury  of  the  State,  as  well  as  to  the  wealth 
of  her  citizens. 

A  most  laudable  zeal  is  manifested  in  the  cause  of  education. 
In  every  portion  of  the  State,   schools   and   colleges,   for  males 


6 

and  females,  are  in  successful  operation.  Individual  enterprise 
is  doing  all  that  could  be  expected  for  the  education  of  those 
who  have  the  means  of  paying  for  their  tuition.  There  is,  how- 
ever, a  large  class  of  children  in  the  State  who  are  not  so  fortu- 
nately situated.  Whatever  is  done  for  them,  must  be  done  by 
the  State.  She  has  already  done  much,  but  much  remains  for 
her  to  do.  Our  system  of  public  schools  is  yet  in  its  infancy? 
and  needs  the  fostering  care  of  wise  legislation,  and  an  able  and 
faithful  superintendent,  to  administer  its  laws,  and  to  digest  and 
promulgate  plans  for  its  improvement.  There  is  no  policy  by 
which  the  State  can  do  more  to  prevent  crime,  or  to  elevate  the 
moral  standard  of  her  people,  than  by  extending  the  means  of 
learning  to  read  and  write  to  every  child  within  her  limits. 

So  far  as  the  domestic  and  internal  affairs  of  Alabama  are 
concerned,  they  give  the  strongest  evidence  of  present  and  fu- 
ture prosperity. 

I  regret  that  the  same  cannot  be  said  in  regard  to  our  federal 
relations.  The  crusade  against  the  institution  of  slaver}'-,  com- 
menced ill  1819,  is  still  going  on,  and  has  assumed  a  threatening 
and  most  alarming  aspect.  If  the  strong  arm  of  the  Black  Ke_ 
publicans  is  not  arrested,  the  Constitution  and  the  Union  will 
not  be  able  to  withstand  their  assaults  much  longer.  Others, 
more  hopeful  than  myself,  seem  to  think  that  the  instituti©n  of 
slavery  and  the  rights  of  the  slaveholding  States,  in  regard  to 
the  right  of  property  in  slaves,  are  more  secure  than  they  were 
a  few  years  since.  They  give  as  grounds  for  this  belief,  the  re- 
peal of  the  Missouri  Compromise,  the  passage  of  the  Kansas- 
Nebraska  act,  and  the  decision  of  the  Supreme  Court  of  the 
United  States,  in  the  case  of  Dred  Scott  vs.  Sanford. 

It  is  true,  that  when  these  acts  were  passed  by  Congress,  and 
the  decision  made  by  the  Supreme  Court,  the  Southern  people 
and  the  Constitutional  men  at  the  North  hailed  them  as  harbin- 
gers of  peace,  and  rejoiced  in  the  belief  that  much  had  been  done 
for  the  security  of  the  rights  of  the  Southern  States,  and  the 
safety  of  the  Union.     But  subsequent  events  have  proved,  that 


these  hopes,  though  apparently  well  founded,  were  delusions. — 
These  measures,  and  this  decision,  so  far  from  arresting  the  pro- 
gress of  Black  Eepublicanism,  and  giving  peace  and  quiet  to  the 
country,  were  seized  upon  to  inflame  and  prejudice  the  public 
mind  in  the  non-slaveholding  States,  and  resulted  in  the  defeat 
of  almost  every  Northern  member  of  Congress  who  voted  for 
them.  The  Judges  of  the  Supreme  Court,  who  concurred  in 
the  decision  referred  to,  were  denounced  in  the  most  violent 
manner,  in  public  meetings  and  by  legislative  resolutions.  In 
more  recent  elections,  every  member  of  Congress  from  the  nou- 
slaveholding  States,  with  a  very  few  exceptions,  who  voted  for 
the  admission  of  Kansas,  under  the  Lecompton  Constitution,  was 
defeated. 

In  the  face  of  these  facts,  and  the  preceding  history  of  the  Ab- 
olitionists, I  should  do  injustice  to  my  own  conscience  to  tell  you 
that  the  institution  of  slavery,  or  the  Union,  is  now  more  secure 
than  they  were  before  the  passage  of  the  Kansas-Nebraska  Act^, 
the  repeal  of  the  Missouri  Compromise,  and  the  decision  of  the 
Dred  Scott  caac. 

But,  in  addition  to  this,  a  new  and  distracting  question  has 
arisen,  as  to  the  power  and  duty  of  Congress  to  protect  the  right 
of  property  in  slaves,  in  the  territories  of  the  United  States,  and 
the  powers  of  the  Territorial  Legislatures  over  the  same  subject. 
It  is  insisted  by  leading  and  distinguished  statesmen,  that  by  the 
Kansas-Nebraska  Act,  the  whole  question,  including  the  right  of 
protection  to  property  in  slaves,  has  been  transferred  to  the  peo- 
ple of  the  Territories,  and  that  Southern  Senators  and  Represen- 
tatives, having  voted  for  that  act,  we  are  estopped  from  claim- 
ing protection  from  Congress.  In  the  14th  Section  of  the  Kansas 
Nebraska  Act,  it  is  declared  to  be  "the  true  intent  and  meaning 
of  this  Act,  not  to  legislate  slavery  into  any  Territory  or  State, 
nor  to  exclude  it  therefrom,  but  to  leave  the  people  thereof  per- 
fectly free,  to  form  and  regulate  their  domestic  institutions  in 
their  own  way,  subject'oniy  to  the  Constitution  of  the  United 
States." 


The  Act  says  that  Congress  will  not  legislate  slavery  into  or 
out  of  a  Territory,  alluding  to  it  as  an  institution  ;  but  it  does  not 
say  that  Congress  will  not  interfere  to  protect  the  right  of  prop- 
erty in  slaves  in  a  Territory  ;  nor  can  it  be  fairly  inferred  from 
the  language  of  the  Act.  It  is  further  insisted,  that  a  Terri- 
torial Legislature  may,  by  "unfriendly  legislation,"  or  by  refus- 
ing to  legislate  for  its  protection  of  property  in  slaves  exclude  it 
from  the  Territories.  This  doctrine  is  at  war  with  the  very  ge- 
nius of  the  Federal  Government,  and  destructive  of  the  rights 
of  the  Slaveholding  States. 

The  chief  object  in  establishing  the  Government  of  the  United 
States,  was  protection — protection  to  life,  liberty  f>nd  property^ 
and  not  for  the  destruction  or  disparagement  of  either,  except  in 
cases  of  the  commission  of  crimes. 

All  the  territory  now  held  by  the  United  States,  was  acquired 
from  France  and  Mexico,  by  the  Federal  Government  as  their 
agent  and  trustee,  and  is  held  for  their  common  use  and  bene- 
fit, not  merely,  as  some  assert,  until  the  organization  of  a  Terri- 
torial Government,  but  until  such  organized  Territory  is  admit- 
ted into  the  Union  as  a  State.  In  this  position,  I  am  sustained 
by  the  Supreme  Court  in  the  Dred  Scott  case,  already  referred  to. 
The  Court  say,  alluding  to  the  Territory  purchased  from  France, 
"it  was  acquired  by  the  General  Government,  as  the  represen- 
tative and  trustee  of  the  people  of  the  United  States,  and  it  must 
therefore  be  held  in  that  character  for  their  common  and  equal 
benefit ;  for  it  was-the  people  of  the  several  States,  acting  through 
their  agent  and  representative,  the  Federal  Government,  who  in 
fact  acquired  the  Territory  in  question ;  and  the  Government 
holds  it  for  their  common  use,  until  it  shall  be  associated  with 
the  other  States  as  a  member  of  the  Union,"  The  State  Gov- 
ernments, as  such,  have  no  jurisdiction  over  the  Territories  of 
the' United  States,  and  can,  therefore,  pass  no  law  for  the  pro- 
tection of  their  citizens,  either  as  to  persons  or  property,  who 
may  have  become  inhabitants  thereof.  The  Federal  Govern- 
ment, the  trustee  of  all  the  States  united,  abne  has  the  power, 


8 

and  it  is  its  duty  to  provide  the  people  of  the  Territories  with  a 
government.  For  what  purpose  should  they  be  provided  with 
a  government?  The  answer  suggested  by  every  mind  js,  for 
the  protection  of  pen- sons  and  property — surely  not  for  the  destruc- 
tion or  prejudice  of  either.  Upon  this  point,  the  Supreme 
Court  say, — "But  until  that  time  arrives,  (meaning  the  admission 
of  a  Territory  into  the  Union  as  a  State,)  it  is  undoubtedly  ne- 
cessary that  some  government  should  be  established,  in  order  to 
organize  society,  and  Va protect  the  inhabitants  in  iheii persons  and 
property  ;  and  as  the  people  of  the  United  States  could  act  in  this 
matter,  only  through  the  Government  which  represented  them» 
and  through  which  they  spoke  and  acted  when  the  territory  was 
obtained,  it  loas  not  only  loithin  the  scope  of  its  powers,  hut  it  was 
its  duty  to  pass  such  laws,  and  establish  such  a  government  as 
would  enable  those,  by  whose  authority  they  acted,  to  reap  the 
advantages  anticipated  from  its  acquisition." 

The  Court  further  add,  that  the  rights  of  property  are  united 
with  "the  rights  of  person,  and  are  placed  on  the  same  ground 
by  the  fifth  amendment  to  the  Constitution,  which  provides 
that  no  person  shall  be  deprived  of  life,  liberty,  and  property, 
without  due  process  of  law;  and  an  Act  of  Congress,  which 
deprives  a  citizen  of  the  United  States  of  his  liberty  or  prop- 
erty, merely  because  he  came  himself,  and  brought  his  property 
into  a  particular  Territory  of  the  United  States,  and  who  had 
committed  no  offence  against  the  laws,  could  hardly  be  dignified 
with  the  name  of  due  process  of  law." 

The  Court  clearly  show,  that  if  Congress  be  denied  the  right 
to  exercise  a  particular  power,  it  could  not  confer  the  right  to 
exercise  it  upon  a  territorial  government. 

The  territorial  governments  derive  their  right  to  legislate 
fi^om  the  Federal  Government,  and  have  no  greater  powers 
than  the  government  from  which  the  power  is  derived.  They 
are  limited  and  restricted  in  the  exercise  of  their  powers  by  the 
Constitution,  and  the  Act  of  Congress  organizing  the  territorial 
governments. 


9 

The  Constitution  recognizes  the  right  of  property  in  slaves, 
and  draws  no  distinction  between  it  and  any  other  species  of 
property.  This  being  true,  the  Court,  on  this  point,  say:  "If 
the  Constitution  recognizes  the  right  of  property  of  the  master 
in  a  slave,  and  makes  no  distinction  between  that  description  o^ 
property  and  other  property  owned  by  a  citizen,  no  tribunal, 
acting  under  the  authority  of  the  United  States,  whether  it  be 
legislative,  executive,  or  judicial,  has  a  right  to  draw  such  a 
distinction,  or  deny  it  the  benefit  of  the  ijrovisions  and  guarantees 
which  have  been  provided  for  the  protection  of  private  property 
against  the  encroachments  of  the  government." 

I  have,  thus  far,  endeavored  to  show,  and  think  I  have 
shown,  aided  by  the  decision  of  the  Supreme  Court,  that  the 
Territories  are  the  common  property  of  the  United  States,  and 
that  the  Federal  Government  holds  them  as  trustee  for  the  com- 
mon use  and  benefit  of  the  people  of  all  the  States,  until  they 
are  admitted  as  States  into  the  Union  ;  that  a  citizen  of  any  of 
the  States  may  become  an  inhabitant  of  a  Territory,  and  carry 
with  him  any  property  recognized  as  such  in  the  State  from 
which  he  emigrated,  and  his  right  of  property  is  not  affected  by 
his  change  of  residence;  that  although  the  Constitution  may 
not  establish  slavery  in  a  Territory,  yet,  if  it  be  found  there,  it 
affirms  the  right,  and  makes  no  distinction  between  that  and 
any  other  description  of  property,  and  that  both  are  entitled  to 
equal  protection  from  the  Federal  Government;  that  the  Gov- 
ernment of  the  United  States  was  established,  among  other 
things,  for  the  protection  of  property,  and  not  for  its  destruction 
or  disparagement ;  that  Congress  has  not  the  power  to  exclude 
slave  property  from  the  Territories  by  "  unfriendly  legislation,'' 
or  by  refusing  to  bgislate  for  its  protection,  and  could,  there- 
fore, confer  no  such  power  upon  the  people  of  the  Territories. 

It  is  said,  that  although  a  Territorial  Legislature  can  pass  no 
act  conflicting  with  the  Constitution,  or  its  organic  law,  passed 
by  Congress,  yet  it  may  refuse  to  legislate  for  the  protection  of 
the  right  of  property  in  slaves,  and  ihat  Congress  cannot  inter- 


10 

pose  for  its  protection.  A  doctrine  so  iniquitous  and  unjust,  is 
equivalent  to  an  absolute  denial  of  a  constitutional  right,  and 
would  defeat  one  of  the  main  objects  of  the  Government. 

It  is  insisted  that  owners  of  slaves  in  the  Territories  must 
look  alone  to  the  Federal  Courts  for  protection.  It  must  be 
apparent  to  every  reflecting  mind,  that  the  Courts,  under  a  mere 
naked  power  of  the  Constitution,  could  not  afford  adequate  pro- 
tection. The  powers  delegated  to  the  Federal  Government 
cannot  be  carried  out  without  the  aid  of  legislation.  The  framers 
of  the  Constitution  plainly  saw  this,  and  gave  to  Congress  the 
power  to  pass  all  laws  necessary  and  proper  to  carry  out  the 
powers  delegated  to  the  General  Government. 

Why  was  it  that  the  Federal  Government  was  divided  into 
legislative,  judicial  and  executive  departments?  The  answer  is 
plain.  It  was  necessary  to  have  a  Legislature,  or  Congress,  to 
pass  laws  to  carry  out  the  powers  delegated  in  the  Constitution  5 
and  as  Congress  could  not  sit  in  judgment  upon  its  own  laws, 
judicial  officers  were  provided,  to  decide  all  questions  arising 
under  these  laws ;  and  an  executive  officer  was  necessary  to  see 
that  the  laws  and  the  judgments  of  the  Courts  were  faithfully 
executed.  We  cannot  fail  to  perceive,  that  if  Congress  fails  to 
enact  laws  to  carry  out  the  powers  delegated  to  the  Federal 
Government,  there  would  be  but  little  use  for  courts. 

If  it  be  true  that  Congress,  by  the  passage  of  the  Kansas-Ne- 
braska act,  has  deprived  itself  of  the  light  to  interfere  for  the 
protection  of  the  right  of  property  in  slaves  in  the  Territories, 
and  if  it  be  conceded  that  the  Territorial  Legislature  may  refuse 
to  provide  by  law  for  its  protection,  and  that  the  owners  of  such 
property  must  look  alone  to  the  courts  for  the  security  of  their 
rights,  it  follows  that  although  the  inhabitants  of  the  Territories 
have  the  constitutional  right  to  hold  slaves  as  property,  this 
right  is  destroyed,  or  rendered  valueless,  because  Congress  has 
denied  itself  the  right  to  interpose  for  its  protection,  and  the  Ter- 
ritorial legislature  may  refuse  to  do  so.  I  have  already  shown 
that  the  courts  cannot  afford  adequate  protection,  without  Icgis- 


11 

lation,  on  the  part  of  Congress  or  the  Territorial  legislature.  If 
the  legislative  department  of  the  government,  whether  it  be 
Congress  or  its  agents,  Territorial  legislatures,  can  thus  trifle 
with  the  rights  of  the  people,  the  Federal  Government  has  failed 
to  effect  the  object  of  its  creation,  in  a  matter  of  vital  impor" 
tance  to  one  section  of  the  Union.  But  it  is  urged  by  some, 
that  admitting  Congress  has  the  right  to  interpose  for  the  pro- 
tection of  the  rights  of  property  in  slaves  in  the  Territories, 
that  it  is  an  abstract  and  impracticable  right,  and  ought  not  to 
be  insisted  on.  This  is  an  unsafe  position  to  assume.  If  this 
right  is  denied  by  the  non-slaveholding  States,  where  there  is  no 
necessity  for  its  exercise,  will  they  not  be  much  more  likely  to 
deny  it  when  such  necessity  arises  ?  The  true  position  on  this 
point  is  this :  that  although  there  may  novv'  be  no  necessity  for 
the  interposition  of  Congress  tor  the  protection  of  the  rights  of 
property  in  slaves  in  the  Territories,  yet  ii  is  a  constitutional 
right,  and  a.  necessity  may  arise  for  its  exercise.  We  should 
not  therefore  place  ourselves  in  a  position,  if  such  a  contingency 
should  occur,  to  be  told  that  we  had  conceded  the  right.  The 
idea  that  the  Southern  States,  or  any  of  them,  desire  a  slave 
code  adopted  by  Congress  for  the  Territories,  exists  alone  in  the 
imagination  of  those  who  assert  it. 

Having  made  a  brief  and  true  statement  of  facts,  which  show 
a  rapid  and  fearful  increase  of  the  power  of  the  Bkick  Republi- 
cans, and  having  discussed  and  shown  the  dangerous  tendency 
of  the  new  issue,  growing  out  of  the  slavery  question,  we  are 
naturally  led  to  ask  what  is  the  duty  of  the  slaveholding  States 
under  the  circumstances  ?  I  can  only  give  you  my  opinion. 
They  should  do  everything,  that  becomes  them  as  patriots,  to 
preserve  their  rights  and  equality  in  the  Union.  They  should 
insist  on  all  their  constitutional  rights,  and  grant  the  same  to 
every  section  of  the  country,  and  make  no  more  compromises  of 
principles,  involving  constitutional  rights.  If  they  have  been 
taught  anything  by  experience,  it  is  that  by  compromises  and 
concessions  on  the  question  of  slavery,  they  have  lost  much  and 


12 

gained  nothing.  If,  with  the  lights  before  them,  they  continue 
to  make  concessions  of  constitutional  rights,  they  will  deserve 
the  fate  that  will  certainly  overtake  them. 

It  is  manifest,  that  the  Black  Republicans  intend  to  be  satis- 
fied with  nothing  short  of  the  extermination  of  thj  institution  of 
slavery.  The  "  irrepressible  conflict"  is  going  on,  and  has  de- 
veloped itself  in  a  new  form,  in  the  bloody  tragedy  at  Harper's. 
Ferry.  The  extent  of  this  conspiracy,  shows  that  what  the  Ab- 
olitionists cannot  effect  through  the  malfeasance  or  nonfeasance  of 
Congress,  and  the  Territorial  Legislatures,  they  intend  to  accom- 
plish by  conspiracy,  violence  and  bloodshed.  I  repeat,  then,  let 
the  Southern  States  stand  firmly  upon  the  Constitution,  as  the 
great  platform  upon  which  the  Federal  Government  is  erected, 
and  under  which  their  rights  can  alone  be  protected.  Let  it  not 
be  supposed  from  what  I  have  said,  that  I  am  a  disunionist. — 
No  man  is  a  disunionist  who  adheres  strictly  to  the  Constitution. 
There  is  no  sacrifice  I  would  not  make  to  preserve  the  Union 
as  our  fathers  made  it.  I  should  regard  its  dissolution  as  a  great 
calamity,  but  if  the  alternative  should  be  presented  to  the  State 
of  Alabama  of  remaining  in  the  Union  an  uneqal  and  degraded 
member,  or  dissolving  her  connection  with  it,  she  should  not 
hesitate  to  choose  the  latter  alternative. 

That  there  is  great  danger  of  such  an  alternative  being  pre- 
sented, we  cannot  doubt.  The  approaching  Presidential  elec- 
tion may  test  it. 

It  is  therefore  the  duty  of  the  friends  of  the  Constitution  and 
equal  rights,  in  every  section  of  the  Union,  to  unite  to  prevent 
the  election  of  a  Black  Republican.  That  an  overruling  Provi- 
dence will  direct  the  public  mind  in  the  path  of  duty  and  pa- 
triotism, and  carry  us  safely  through  the  approaching  crisis,  is 
my  sincere  prayer. 


'4^ 


